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On The Rule Of Law Interests

Posted on:2010-03-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:L N FaFull Text:PDF
GTID:1116360275991115Subject:Political economy
Abstract/Summary:PDF Full Text Request
After China's reform and opening-up,the pattern of benefits andbenefits structure has changed,which makes the interests ofdifferentiation and conflict of interest increasingly intense,societyhas paid a huge inefficient cost because of the unreasonable institutionalarrangements.As the basic means of controlling system,the law has theunique advantages to integrate benefits.Then we should make use of thelegal system to look for the ways to achieve benefits integration andresolve conflicts of interest,so that the various interest groups areable to achieve and share the fruits of reform and development。And thisis an urgent question how to arrange the legal system,in order to carryout the legal benefits,to develop the economic,to build a powerfulsocialist harmonious society.Proposed by recommendations of building a harmonious society,thispaper regards the law and the interests as the research subjects,to studythe legal institutional arrangements for rational allocation of resources.As our reality of the situation,through the effective arrangements forthe legal system to accommodate different interests and regulation theinterests expression is an important tool to solve the contradictionbetween the interests of our country.Based on this,the articleestablishes a theory of legal benefits,using the economic theory toanalyze the theoretical framework of the legal benefits,using abstractanalysis (the effectiveness of Part) and mathematical analysis(cost-benefit part),normative analysis and empirical analysis,comprehensive study and comparative study,static analysis and dynamicanalysis (evolution) as well as the mechanism analysis and game analysis.To make a profound discussion about realizing the legal benefits and theway to resolve the current contradiction between the interests,and toachieve the interests by improving its legal system quality,trying toget approach to reform the legal system and the judiciary in order topromote economic growth and social development,and identify "desired"legal order,as well as play a major role in the mechanism of effectivenessfor the modern market economy.Hoping to provide a reasonable beneficial advice on China's building of a harmonious society in the legislativearrangements and the legal concept.The article discusses the definition of law benefits,it is statutorybenefits stripped from the benefits system.And the related legal benefitstheories have been studied,mainly on the Marxist theory and West Law andEconomics theory.Analysis part of articles makes the use of utilitytheory and equilibrium analysis as a normative theory analysis,makingthe conclusion that the legal system just as the market price signals ofmerchandise,is a balanced game for the multiple social life,and therichness of the rights are positively related to the extent of the legalsystem.Then the article analyzes the formation mechanism,impactmechanism and operational mechanism,makes an assessment of the mechanism.After studying the legal cost,mainly analyze the game among the variousbenefits in legislative process,and apply the evolution of game theoryinto the system of formation for compare civil law and common law legalsystem.Then based on house demolition inspection,use the legal benefitstheory to analyze the interests aspirations to put forward China's currentlegislation means of house demolition.And then make the status quobenefits analysis and related analysis,with the conclusion that therelationship of indicators of socio-economic indicators and the law isthe significant positive linear relationship,find out the problems inour legal interest system,and finally put forward the correspondingcountermeasures,with carrying out coordination and integration of legalbenefits.
Keywords/Search Tags:Legal benefits, utility and equilibrium analysis, mechanism analysis, game analysis
PDF Full Text Request
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